SUPREME COURT

New Zealand Times, Volume XXIX, Issue 6178, 9 April 1907, Page 5

SUPREME COURT

BETTING APPEALS. PRESS ASSOCIATION. NEW PLYMOUTH, April S. The adjourned sitting of the Supremo Court opened this morning, Mr Justice Cooper presiding. In the bookmakers* appeals against conviction by tho Magistrate for betting'on the racecourse in December last, the appeal of Flannagan ■was allowed on the facts. In the case against Champion his Honor reserved his decision on an important point of law. The betting was admitted, but tiio point was raised by Mr Spence whether the borough by-laws, under which the information was laid, were invalid so far as they applied to the racecourse on race days' The reserve wh,s vested in the Borough Council as trustees, but the New Plymouth Recreation and Racecourse Reserves Act expressly stated that the council had no power to mako bylaws and regulations under the Reserves Act, 18S5, with regard to the racecourse, the Legislature providing that this power should bo vested in the Jockey Club, which alone could make regulations regarding'conditions for admitting the public to race meetings. Although the club had not made regulations, it could not delegate its power to the council. If the borough betting by-law could apply to the racecourse during races, so might the furious riding bylaw bo made to apply, which was absurd. Mr Quillinm argued that the council had exclusive control over the reserve. His Honor, in intimating that he would take time to consider his judgment, said the question was whether the reserve on race days was exclusively vested in the Jockey Club, so that it could not be considered a public place, to which the by-law did not apply on those days. ■ ,